Freezing Orders (known in Georgian law as "interim measures" or "seizure") are a critical legal tool used to prevent a defendant from disposing of, hiding, or dissipating their assets (money, real estate, shares) before a court judgment is reached. Often, when a creditor initiates a lawsuit, a dishonest debtor tries to "vanish" assets so that nothing remains to enforce the judgment against. A freezing order insures against this risk. It is an urgent and temporary measure that can be applied before filing a lawsuit or at any stage of litigation. Legal.ge offers lawyers who can help you quickly and effectively obtain a court order to freeze assets, ensuring your future victory isn't just on paper.
What Does Freezing Order Service Cover?
This service requires speed and high qualification, as courts grant seizures only based on substantiated assumptions. Services include:
- Preparing Application for Interim Measures: Presenting convincing arguments to the court that failure to secure the claim will make enforcement difficult or impossible.
- Asset Identification: Preliminary investigation (Public Registry, Business Registry) to determine what assets the debtor holds, so the freeze targets specific objects.
- Freezing Bank Accounts: Requesting a freeze on all bank accounts, which is the most effective method for monetary disputes.
- Imposing Prohibitions: Forbidding the defendant from certain actions (e.g., exercising director powers, construction).
- Lifting the Freeze (for Defendants): If your assets were frozen groundlessly, preparing a complaint and claiming damages.
Real-World Scenarios Where You Need This Service
For example, you learn that your business partner, who owes you a large debt, plans to flee abroad and is urgently selling their apartment and car. If you wait for the main court hearing, the assets will be sold. A lawyer immediately (within 24 hours) applies to the court requesting an asset freeze. The court order is instantly sent to the Public Registry, and the sale is blocked. Another example: a company you are suing tries to transfer its assets to a subsidiary. A freezing order halts this process.
Georgian Legal Framework
Asset freezing is regulated by Chapter XXIII of the "Civil Procedure Code of Georgia" (Securing the Claim). Article 191 states that the court can use interim measures if there is a reasonable assumption that not doing so would hinder enforcement. The court reviews the application within 24 hours, usually ex parte (without the defendant present), ensuring the element of surprise.
The Process Step-by-Step
1. Evidence Gathering: Confirming the debt and the risk of asset alienation. 2. Filing Application: Applying to court (with or before the lawsuit). 3. Court Order: The court decides within 1 day. 4. Enforcement: Immediately submitting the order to the Public Registry, banks, or MIA to register the freeze. 5. Appeal: The defendant can appeal the freeze within 5 days of receiving notice.
Why Choose a Specialist on Legal.ge?
Applying for a freeze requires "surgical" precision. If the application is unsubstantiated, the court will reject it, alerting the defendant and giving them time to hide assets. On Legal.ge, you will find lawyers who know how to convince a judge of the necessity for immediate action.
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